delphine

Commencement of Laytime 一书2006年第4版，第6章第5节,标题是"Notice of readiness tendered prior to the laydays"，有一段是这样写：

In the absence of any provision in a charter prohibiting the giving of a notice before the laydays, there was no reason why such a notice should not be given and be valid, and many reasons why it should. The purpose of a notice of readiness was to warn the shippers that the ship was available and ready to start receiving cargo. The fact that they might get that information before the laytime clock started to tick was irrelevant. That had been held to be the position in a number of arbitrations both in New York and London.

我个人是倾向楼主的观点，nor提前递交有效，0001LT 22ND MAY 可以起算LAYTIME，无需再加12小时。laycan只是laytime起算的区间范围，不是租家“接受”nor的区间范围，除非合同另有明示条款规定。

该书的详细内容，相关的案例，楼主可以找专业律师如杨大明先生咨询。网络讨论，精力和条件有限，我只能就感兴趣的问题随意说说，代替不了正规的商务处理程序。仅供参考。

delphine

继续我在7楼的意见，“除非合同另有规定”如何理解，举一个某国际电厂的煤炭运输格式合同（VOY C/P）相关条款：

Article 13
LOADING TERMS AND CONDITIONS
Notice of readiness (hereinafter referred to as N/R) shall be tendered during office hours within the specific laydays after the vessel arrives at loading port whether in berth or not, provided the vessel is in free pratique, customs clearance by port authorities and ready to receive cargo in every respect. If N/R is accepted during the time other than normal office hours, N/R shall be deemed to be accepted at the beginning of office hours of next working day.
……

这是对租家有利的条款。

delphine

如果没有这样的明示条款，BIMCO的一篇文章Tendering NOR before first layday，观点是倾向于楼主的意见，与7楼引用的意思差不多。限于版权，我节录这篇文章部分内容如下：

Tendering NOR before first layday

......

In a London arbitration award summarized in Lloyd's Maritime Law Newsletter No. 103 of 13 October 1983 it was held inter alia that:

"It was often thought that a notice of readiness could not be given before the commencement of laydays under a charter, but that was incorrect unless there was an express provision to that effect. In the absence of such a provision, a valid notice might be given at any time, but the laytime itself could not commence before the date given in the charter."

A similar decision was reached in the London arbitration award summarized on page 20 of BIMCO Bulletin 3/92 and there are several other arbitration awards rendered in London, as well as in New York, upholding this position. This being so, the general position is, when the charterparty does not contain express provisions governing matters differently, that:

- Notice of readiness may be given at any time before first layday

- Charterers are entitled to the agreed notice time which may, however, run and expire before first layday

- Laytime will not commence to count before first layday.